Legislative Basis
for Restorative Practice
   
European Council Framework Decision (15 March 2001 (2001/220/JHA) Official Journal of the European Communities L 82/1 - 22.3.2001) states:  
 

Article 10: Penal mediation in the course of criminal proceedings

 
 Questions

1. Each Member State shall seek to promote mediation in criminal cases for offences which it considers appropriate for this sort of measure.

  Is your area promoting mediation services in criminal cases, so that victims know they can make use of it?

2. Each Member State shall ensure that any agreement between the victim and the offender reached in the course of such mediation in criminal cases can be taken into account.”

 

Does your area ensure that a mediation is taken into account in criminal cases?

How can there be an agreement between a victim and the offender?

Article 17:    

Each Member State must put into place laws, regulations and administrative provisions to comply with the framework decision, in the case of Article 10 by 22 March 2006.

 

Just what laws, regulations and administrative provisions are in place in your area to ensure this occurs?

United Kingdom legislation:    

Section 142 Criminal Justice Act 2003

Purposes of sentencing
(1) Any court dealing with an offender in respect of his offence must have regard to the following purposes of sentencing


(a) the punishment of offenders,
(b) the reduction of crime (including its reduction by deterrence),
(c) the reform and rehabilitation of offenders,
(d) the protection of the public, and
(e) the making of reparation by offenders to persons affected by their offences.

 

 

If mediation, like restorative processes, are not available in your area for criminal justice matters how can a court have regard to these purposes of sentencing?

 

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